Patent Litigation: Formulating Infringement Positions Within the Scope of the Invention, Avoiding Untenable Positions

This CLE course will guide patent litigators in understanding and recognizing untenable positions in patent infringement litigation. The panel will discuss how to formulate reasonable infringement positions that do not press patents beyond the scope of the invention and will offer strategies to navigate the claim interpretation process.

Patent litigators face the challenge of proving infringement while dealing with the technological complexities that U.S. patent law presents. Claim construction plays a critical role in most patent infringement cases. Determining the scope of a claim as written in the patent is a significant issue for all involved.

The claim language describes the scope of a patent owner's right to exclude others. Often the disputed claim elements must be construed to determine whether infringement exists and the patent is valid over prior art. Patent prosecutors should be careful not to characterize claim language so as to provide patent litigators the room to formulate reasonable infringement positions, which are tenable.

Listen as our authoritative panel of patent prosecutors and litigators guides patent litigators in understanding and recognizing untenable positions. The panel will discuss how to formulate reasonable infringement positions that do not press patents beyond the scope of the invention and to help bridge the gap for patent litigators.